Bradley attorney Whitt Steineker was quoted in Area Development on how corporate human resources and legal departments are having to operate in the changing landscape of cannabis-related laws. Companies can find it challenging enough to navigate the waters in a single state, but countless companies operate in multiple jurisdictions, some in which marijuana use has been decriminalized, some where it’s just as outlawed as it always has been.
Consider a case of an employee with a doctor’s note in a state where medical marijuana is permitted. If that state is Ohio, for example, “employers are not prohibited from refusing to hire, discharging or disciplining a person because of the use or possession of medical marijuana, nor are employers prohibited from establishing and enforcing a zero-tolerance drug policy,” observed Steineker. On the other hand, “a federal trial court in Connecticut recently held that an employer could not enforce its zero-tolerance drug policy against a medical marijuana user.”
This changing legal environment makes it challenging to keep company policies up-to-date, particularly for companies that operate in multiple jurisdictions with widely varying laws. “As frustrating and inefficient as it is for companies operating in multiple jurisdictions, unfortunately there is not a good way to have a single policy for all U.S. jurisdictions,” explained Steineker.
The complete article, “Employers Delve Into the Weeds of Cannabis Law,” first appeared in Area Development on April 8, 2019.